(1.) This petition under Section 482, Cr. P.C. is for quashing the order of the Munsif and Judicial Magistrate, Bhinmal, dated 17/04/1989, taking cognizance of the offences under Sections 447 and 379, I.P.C. against the petitioners, who are eleven in number.
(2.) c The case relates to the incident alleged to have taken place during the night of Nov. 18/19, 1987. A report of the occurrence was lodged by Masum Ali at the Police Station, Bhinmal, on Nov. 19, 1987. The case of the complainant, shortly put, was that the was in possession of the fields, bearing Khasra Nos. 1033, 1034, 1035 and 1036, comprising 25 Bighas and 6 Biswas of land. It was alleged that in the morning of 19/11/1987, he found that the stone-slabs (Chhinnas) had been removed from the field bearing Khasra No. 1035, during the night and placed in Khasra No.1036. On enquiry, he found that 30-40 persons had entered his field. He named 13 persons in the said report. The names of any of the witnesses or the source through whom he came to know of the names of the named persons, was not disclosed in the report. After investigation, the police submitted a final report to the Magistrate at Bhinmal, stating that the complainant was not in possession of the field and that the present report had been filed just to counter the cross case No.120/1987. The investigation revealed that the present case was false. This report was filed on 2/12/1987. During investigation, only two witnesses, namely, Masum Ali, the complainant himself and Mohammed Ali. gave their statements before the police. Masum Ali's statement was based on hearsay, while Mohammed Ali, did not disclose any names of the persons who entered the field. A notice was then given to the complainant, who filed a protest petition and the learned Magistrate, on 28/11/1988, directed the Assistant Superintendent of Police, Bhinmal, to investigate the case. Thereafter, five more witnesses, viz., Hamirsingh, Geega Ram, Madha, Bagdaram and Immtiyaz Ali were interrogated by the police on December 14 and 15, 1988. The Deputy Superintendent of Police again gave a final report on 21/12/1988, stating that the case instituted by the complainant was found to be false, on investigation. The complainant, Masum Ali, again filed a protest petition on 9/02/1989. The learned Magistrate, by the order dated 17/04/1989, took cognizance of the offence under Ss. 447 and 379,I.P.C. against 13 persons including the petitioners. A revision by the accused was taken before the Sessions Judge, Jalore, who, by the judgment dated 13/06/1989, dismissed the same. Dissatisfied, the petitioners have now filed the present petition in this Court.
(3.) Learned counsel for the petitioners has urged that taking the prosecution case on its face value, the case against the accused for the offences under Ss.447 and 379, I.P.C. is not, even prima facie, made out. He has submitted that it is a case of harassment of the accused as there is not even a remotest chance of the accused being convicted of the offences.